Consumer Protection Act and Dentist

With commercialization spreading to all aspects of our lives, the medical profession and services rendered by hospitals and dental clinics are going through dramatic changes. Some incidences cause suffering to the patients, forcing the legislature and the public to think twice about the credibility and authenticity of dental/medical treatment given to the patients. The provisions of consumer protection act now covers deficiency of service by medical/dental professionals in such cases to provide redressal to the patients.

As practicing dentists we must know the concept of dental negligence and relevant provisions of various laws enacted in this area which is of great concern to us. It was on 13th Nov. 1995 that the Supreme Court of India delivered the judgment on the application of the consumer protection act, 1986 to the medical profession, hospitals, dispensaries, nursing homes and other related services. Let us see the important parts of this judgment:

Consumer protection act, 1986:-

Section 2 (1)(0): "Service" means service of any description which is made available to any potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, entertainment etc., but does not include the rendering of any service free of charge or under contract of personal service.

Section 3: Act not in derogation of any other law. The provision of this act is in addition to any other law for the time being in force.

#Controversies in the matter of accountability of the medical practitioners to the consequences of the culpable cases of professional negligence and indemnification of the aggrieved parties revolved around the three phrases in the definition of �service� under the Consumer protection act viz.,

I. Service of any description
II. Any service free of charge
III. Contract of personal service

The Supreme Court in its landmark judgment of 1995 put an end to the controversy by giving its judgment. As per this judgment:-------------------------

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